It was the first time an incumbent justice lost in 24 years, and the 2008 race wasn't all that close.

With 99 percent of precincts reporting, Hathaway had 49 percent, or 1,846,464 votes, to 39 percent, or 1,472,706 votes, for Taylor. Libertarian Robert Roddis had 11 percent, or 417,790 votes.

For nine years, the court has been split 5-2 between justices nominated by the GOP and those picked by Democrats. But one Republican, Elizabeth Weaver, often breaks ranks to dissent in 4-3 rulings -- especially when what she calls the "gang of four" has overturned precedent or limited people's ability to file civil lawsuits.

Taylor, first appointed to the high court in 1997 by then-Gov. Republican John Engler, predicted the court would "take a hard turn to the left" when Hathaway, a Wayne County circuit judge, starts her eight-year term in January.

The high-stakes contest for an eight-year term followed a couple weeks of increasingly negative TV ads against both Taylor and Hathaway, including one that accused Taylor of falling asleep on the bench. Taylor vehemently denied the charge, and Republicans and a business group responded with ads insinuating Hathaway is soft on criminals.

"I'm going to bring fairness and integrity to the Michigan Supreme Court," said a delighted Hathaway, who was not even Democrats' first choice to run. "I realize that it is time for a change, and that our Supreme Court has not been fair."

The last time an incumbent Supreme Court justice lost was in 1984, when Dorothy Comstock Riley defeated Thomas Giles Kavanagh. Riley won election after being ousted from the court in 1983 by fellow justices because of a dispute over her initial appointment.

Flint lawyer wins seat

DETROIT -- A Flint-based trial lawyer will sit on the Michigan Court of Appeals after defeating a Lansing-area trial judge.

With 98 percent of precincts reporting early today, Michael Kelly had 54 percent, or 457,434 votes, compared to 46 percent, or 396,946 votes, for Ingham County Circuit Judge Paula Manderfield.

Michael Kelly will serve a six-year term on the appeals court after campaigning in the large 4th District, which extends north from Lansing to northern Lower Michigan and the Upper Peninsula. The court's 28 judges are elected to districts but serve statewide.

All four districts had seats coming open, but the only position being contested was the one sought by Kelly, 46, and Manderfield, 55.